§ 10-7505-7.2. Limitations on challenge to adoption or termination of parental rights - Effect of appeal - Best interests of child.  


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  • A.  Except as otherwise provided by paragraph 3 of subsection B of Section 7503-2.7 of this title:

    1.  When an interlocutory or final decree of adoption has been rendered, a decree terminating parental rights cannot be challenged on any ground, either by a direct or a collateral attack, more than three (3) months after its rendition.  The minority of the natural parent shall not operate to prevent this time limit from running; and

    2.  No adoption may be challenged on any ground either by a direct or collateral attack more than three (3) months after the entry of the final adoption decree regardless of whether the decree is void or voidable, and the minority or incompetence of the natural parent shall not operate to prevent this time limit from running.

    B.  In any challenge on any ground either by a direct or collateral attack, the court shall not enter a decision which is contrary to the best interests of the adopted minor.

Added by Laws 1971, c. 316, § 2, emerg. eff. June 24, 1971.  Amended by Laws 1995, c. 340, § 25, emerg. eff. June 9, 1995; Laws 1996, c. 297, § 9, emerg. eff. June 10, 1996.  Renumbered from § 58 of this title by Laws 1996, c. 297, § 28, emerg. eff. June 10, 1996.  Amended by Laws 1997, c. 366, § 40, eff. Nov. 1, 1997.  Renumbered from § 60.18b of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997.  Amended by Laws 1998, c. 415, § 31, emerg. eff. June 11, 1998.